Prosecution Insights
Last updated: August 06, 2026
Application No. 18/132,563

Apparatus and Methods for Determining Refraction of an Eye

Non-Final OA §112
Filed
Apr 10, 2023
Priority
Apr 11, 2022 — EU 22167639.8
Examiner
DINH, JACK
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ligi Tecnologie Medicali S R L
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
566 granted / 666 resolved
+17.0% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
684
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
27.0%
-13.0% vs TC avg
§102
40.7%
+0.7% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 666 resolved cases

Office Action

§112
DETAILED ACTION Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, the phrase “an optical element configured to compensate an aberration of the eye” renders the claim indefinite. The claim recites an apparatus comprises only an optical element. It is unclear of the configuration of the optical element in order to compensate an aberration of the eye. Claims 2-11 are rejected based upon the rejected base claim. Regarding claim 12, the phrase “compensating an aberration of the eye by an optical element” renders the claim indefinite. It is unclear of the configuration of the optical element in order to compensate an aberration of the eye. Claims 13 and 14 are rejected based upon the rejected base claim. Regarding claim 15, the phrase “compensating an aberration of an eye by an optical element” renders the claim indefinite. It is unclear of the configuration of the optical element in order to compensate an aberration of the eye. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK DINH whose telephone number is (571)272-2327. The examiner can normally be reached Monday - Friday 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JACK DINH/Primary Examiner, Art Unit 2872 10/15/25
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Prosecution Timeline

Apr 10, 2023
Application Filed
Oct 20, 2025
Non-Final Rejection mailed — §112
Jan 15, 2026
Response Filed
Aug 03, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12699299
CONTROL CIRCUIT AND OPTICAL CIRCUIT CONTROL METHOD
2y 2m to grant Granted Aug 04, 2026
Patent 12690769
FUNDUS INFORMATION ACQUISITION METHOD AND FUNDUS INFORMATION ACQUISITION DEVICE
2y 8m to grant Granted Jul 28, 2026
Patent 12687696
OPTICAL SYSTEM
4y 3m to grant Granted Jul 21, 2026
Patent 12661000
APPARATUS FOR RECOMMENDING AN OPTICAL DEVICE
3y 10m to grant Granted Jun 23, 2026
Patent 12663612
OPTICAL IMAGING SYSTEM
2y 5m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
85%
Grant Probability
92%
With Interview (+6.5%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 666 resolved cases by this examiner. Grant probability derived from career allowance rate.

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